Peoples v. County of Alameda

$3 million - Oakland

A Sheriff made an ill-advised decision to join a police pursuit he should not have been involved in. During the pursuit, the Sheriff drove into an intersection through a red signal light at 35 to 40 mph. Heinrich Law’s client J. Peoples entered the subject intersection on a green light at the same time the Sheriff did. The Sheriff broadsided Mr. Peoples’ vehicle on the driver’s side, causing the vehicle to spin around, strike a pole and then come to rest partially in the yard of a neighboring house. Mr. Peoples sustained a mild traumatic brain injury as a result of the incident. The Sheriff and his employer blamed Mr. Peoples for the accident for two years. One week before the trial was scheduled to begin, the Sheriff and his employer finally admitted fault and agreed to pay Mr. Peoples three million dollars to settle his case.

DOG BITE

Kelli v. Maite

$875,000 – Walnut Creek

Heinrich Law client Kelli was attacked by a rescue dog while visiting the home of an acquaintance. When Kelli entered the home, the dog was confined to a crate. When the acquaintance let the dog out of its crate, it immediately jumped up and bit Kelli in the lip and cheek. Kelli was rushed to the hospital, where she underwent emergency reconstructive surgery. Kelli suffered an avulsion wound to approximately 1/3 of her lower right lip. Several months later, Kelli underwent a second revision surgery including incision of the scar contracture, lower lip reconstruction with tissue rearrangement, and fat grafting from her abdomen to the lip. Following this surgery, she also underwent several sessions of laser therapy. While the procedures helped to restore the shape and appearance of Kelli’s lip, she was left with permanent scarring and loss of volume in her lower lip. Her past medical expenses amounted to $59,948.60. Kelli was working as a real estate agent at the time of the incident. She also lost income as she was unable to work full-time for several months This hurt her ability to earn commissions in line with previous years, leading to lost income of approximately $100,000.00. This matter was resolved by way of a mediated settlement for $875,000. This appears to be the largest reported settlement or verdict for a single dog bite in California.

DOG BITE

Elam v. Wu

$136,000 - Castro Valley

Mr. Elam was participating in door-to-door ministry with the Jehovah Witnesses when he knocked on the door of the Wu residence. As Ms. Wu opened the door, suddenly and without warning her German Shepherd dog leapt through the doorway and bit Mr. Elam on the face. Mr. Elam suffered a deep avulsion laceration to his face and other more minor injuries. Emergency room treatment and follow up care was required. Mr. Elam recovered from his injuries. Special damages including medical bills and wage loss totaled $5,089.10. Ms. Wu’s homeowners insurance carrier, State Farm, agreed to resolve the claim pre-litigation for $135,876.10.

ELECTRICIAN STRUCK BY COMMERCIAL VEHICLE

Almeida v. Greenwaste Recovery, Inc.

$720,000 - Scotts Valley/Santa Cruz

Mr. Almeida was working in his capacity as an electrician on the shoulder of Highway 17 when a garbage truck drifted through a large warning cone pattern and struck him causing him serious orthopedic injuries. Ms. Heinrich and Mr. Wimert were able to resolve the claim prior to the filing of a lawsuit, thereby insulating their client from the rigors of litigation.

SERIOUS INJURIES CAUSED BY NEGLIGENT DRIVER OF BIG RIG

Family v. Big Rig Trucking Company

$1.68 Million - Concord

This matter involved serious personal injuries arising out of a major tanker truck collision. Three minor children were hurt in a collision between a Dodge Ram truck and a multi-ton fuel tanker truck on Highway 4 in Contra Costa County. The tanker truck driver stopped his vehicle on Highway 4 in the middle of the night due to a collision up ahead. When the driver of the tanker truck attempted to re-enter traffic on the highway, he failed to yield to an approaching Dodge Ram truck in which the minor clients were passengers. A high-speed collision occurred, which caused significant injuries. The matter settled one week before trial and after months of contentious clashes regarding fault for the crash and the nature and extent of the clients’ injuries and damages.

COMMERCIAL VEHICLE NEGLIGENCE

Crosswalk Walker v. Truck

$1.1 Million - Oakland

This matter involved personal injuries caused by a pedestrian vs. truck collision. Client was a pedestrian struck by a pickup truck while lawfully crossing the street in downtown Oakland. The driver of the pickup truck, who was in the course and scope of employment at the time of the incident, claimed he was unable to see the client due to the sun being in his eyes. The client broke her arm and hip, both of which required surgical repair. The matter resolved prior to the filing of a lawsuit, largely because of Ms. Heinrich’s insurance defense background, saving the client considerable time and money.

BICYCLE RIDER SEVERELY INJURED BY NEGLIGENT DRIVER OF BOX TRUCK

Bike Rider v. Box Truck

$850,000 - Livermore

A married father of two (2) children, both University students at the time, had his left non-dominant hand crushed when a driver of a box truck negligently made a sudden ill-advised right turn directly into the path of his approaching bicycle, pulling him down onto the ground and running over his hand. The client sustained a severe complex crush injury requiring several surgeries to repair and leaving him with permanent residuals. The matter resolved prior to the filing of a lawsuit, to the delight of the client, who did not want to be entangled in the litigation process.

COMMERCIAL VEHICLE NEGLIGENCE

Huang v. M&M Services, Inc.

$715,000 - San Leandro

This matter arose out of an industrial accident that occurred at the Davis Street Transfer Center. Huang, while preparing to dump a load of recyclables was struck by a massive metal door which had come loose from a debris box being emptied by an adjacent driver. Huang’s injuries included a displaced and comminuted right ankle fracture which required two (2) surgeries and left him with permanent residuals and a mild traumatic brain injury. The matter settled shortly before trial.

PUBLIC ENTITY LIABILITY

Martin v. BART

$500,000 - Pittsburg

Ms. Martin slipped and fell on a slippery, water covered tile floor at the Pittsburg/Bay Point BART station. Unbeknownst to her, but well known to BART, the tile surface presented a veritable ice rink wherein, over the years, numerous BART patrons had been injured. As a result of the incident, Plaintiff suffered a severe fracture of her right ankle, requiring three surgeries.

MOTOR VEHICLE NEGLIGENCE

Prius v. Bentley

$600,000 - Lafayette

Client filed suit for personal injuries arising out of a rear-end motor vehicle collision. Client was a wife and mother injured in a minor rear-end motor vehicle collision with a speed upon impact of approximately 5 mph. Notwithstanding the minor impact between the parties' vehicles, the client immediately began to experience low back pain. The client reported these symptoms to her primary care physician on the day of the incident after which conservative health care was sought. When the client's low back pain failed to subside, a MRI was pursued which revealed a lumbar spine herniated disc. The client eventually underwent a lumbar spine operation. Notably, Ms. Heinrich was able to prove a causal connection between the subject incident and the client’s disc herniation through the retention of a highly regarded radiologist.

MOTOR VEHICLE NEGLIGENCE

Bunting, Rieger v. Lopez, CSAA

$500,000 - San Jose

Clients suffered serious orthopedic injuries in a motor vehicle collision. Ms. Heinrich was able to recover 3rd party policy limits in the amount of $30,000; and then recover 1st party Underinsured Motorist policy limits in the amount of $470,000.

BICYCLE RIDER SEVERELY INJURED BY LINCOLN TOWN CAR

Bicycle Rider v. Lincoln Town Car

$300,000 - San Francisco

Client was a female bicycle rider, biking home from work in San Francisco, when she was struck at a high rate of speed by a red light running Town Car. Client was lawfully crossing the street in a cross walk when the crash occurred. Client sustained a severe concussion, several straining/spraining injuries, and abrasions as a result of the collision.

PUBLIC ENTITY LIABILITY

Bosnoyan v. USPS

$200,000 - Pleasanton

Clients were involved in a car crash caused by United States Postal Service Driver. Mr. and Mrs. Bosnoyan sustained injuries, including a fractured sternum, fractured ribs and soft tissue strains/sprains, when the USPS driver, who was intoxicated, struck the clients’ car in the course of running a red light. The matter resolved pre-litigation pursuant to the United States Federal Tort Claims Act.

MOTOR VEHICLE NEGLIGENCE

Mitchell v. Ram

$75,000 - Sacramento

The plaintiff, a 34-year-old married father of two minor children, while driving a pickup truck, was broadsided by a four door sedan when it failed to stop at a posted stop sign. Defendant, the driver of the four door sedan, was allegedly suffering from a migraine headache at the time of the collision. Plaintiff sustained a torn meniscus in his right knee which required arthroscopic surgery to repair. Plaintiff's medical bills totaled $12,000. Plaintiff did not have any wage loss. This matter proceeded to a binding "high/low" arbitration before the Hon. Bonnie Sabraw (Ret.) on October 11, 2012. Judge Sabraw rendered an award in favor of Plaintiff in the amount of $76,688 reduced to $75,000 pursuant to the parties' "high/low" arbitration agreement. Ms. Heinrich arbitrated the case on behalf of the Plaintiff.

MOTOR VEHICLE NEGLIGENCE

Shuck v. Vertner

$70,000 - San Jose

Client was involved in a car crash on a residential street in San Jose caused by a driver backing out of driveway without looking. Mr. Shuck sustained injuries, including chronic cervical spine pain as a result of the collision. The matter resolved at mediation and prior to trial.

MOTOR VEHICLE NEGLIGENCE

Runnells v. Alcala

$45,864 - San Leandro

Alameda County Superior Court, Judge Lawrence Appel. This case arose out of a hit and run motor vehicle collision in a tunnel with disputed liability and damages. Plaintiff sustained a sprained thumb and cervical spine sprain/strain. Medical treatment included examinations, x-rays, and physical therapy. Defendant's last offer before trial was $12,501. Ms. Heinrich tried the case on behalf of Ms. Runnells.

PREMISES LIABILITY

Falcon v. Buckhorn

$1.5 Million - Walnut Creek

Mr. Falcon, while working as a computer field technician, was called to The Buckhorn Restaurant in Walnut Creek to repair a computer. While walking through the kitchen toward the computer, Mr. Falcon slipped on the tile floor, which was covered in an inconspicuous puddle of grease, water, and dish washing liquid spilled from the Buckhorn's large dish washing sinks. Mr. Falcon slipped backward and fell hard on the ground, landing on his head and upper back. Mr. Falcon suffered a severe concussion, debilitating traumatic migraine headaches, and a cervical spine injury caused by slamming his head onto the Buckhorn's kitchen floor. Ms. Heinrich litigated and resolved the case on behalf of Mr. Falcon.

PREMISES LIABILITY

Ballard v. 24 Hour Fitness

$300,000 - Oakland

Plaintiff suffered serious personal injuries when a large plate glass window shattered on him while he was working out at a 24 Hour Fitness club in Oakland. Claims of premises liability, negligence and negligence per se were brought against 24 Hour Fitness and the building’s owner, arguing the plate glass window should have been made of safety tempered glass rather than untempered plate glass. Matter settled shortly before trial after client successfully defeated a Motion for Summary Judgment.

EMPLOYMENT DISCRIMINATION/WRONGFUL TERMINATION

Employees v. Pet Store

$710,000 - Sacramento

Employees brought suit for race and sexual orientation discrimination against a major corporation for discrimination, harassment, and wrongful termination. Derogatory and racial slurs were frequently used in the workplace by managers when referring to the clients. When the clients complained, nothing was done to correct the harassment, rather, the clients were retaliated against and/or wrongfully terminated. The matter was resolved prior to trial.

MOTORCYCLE CRASH CAUSED BY NEGLIGENT DRIVER

Stratton v. Buresh

$160,000 - Berkeley

Client was a motorcycle rider who was struck by a car that ran a stop sign in Berkeley. Client fractured his elbow and sustained other more minor injuries. Ms. Heinrich resolved the matter after the filing of a lawsuit and prior to trial.

BICYCLE CRASH CAUSED BY NEGLIGENT DRIVER

Cyclist v. State Farm Insurance

$250,000 - San Francisco

Client was a cyclist in San Francisco who was clipped by a car and thrown off of her bike in a hit and run incident. She suffered severe injuries to her ankle. While the offending driver was never located, Mr. Wimert was able to recover client’s policy limits under the uninsured driver provision of her policy of auto insurance.

BICYCLE CRASH CAUSED BY NEGLIGENT DRIVER

Cyclist v. A National Rental Car Company

$200,000 - San Francisco

Client was a cyclist in San Francisco who was struck by a business traveler making an unsafe left turn through an intersection. Client suffered a displaced fracture of her collarbone. Adverse driver lived in Singapore. Though the adverse driver had returned overseas following the incident, Mr. Wimert obtained a settlement from the driver under the policy of insurance he had purchased when renting a car during his visit to San Francisco.

MOTOR VEHICLE NEGLIGENCE

Strong v. Pacheco et al.

$983,000 - Berkeley

Mr. Strong suffered a herniated disc following an incident in which his car was struck and run off of the road by a semi-truck on the freeway in Livermore. Following the incident, he was forced to undergo surgery on his lumbar spine and could not return to work. Following a year of litigation, Mr. Strong’s case was settled for the available policy limits.

ELDER ABUSE

John Doe v. Skilled Nursing Facility

$915,000 - Oakland

Plaintiff was an 87-year-old retired professor who underwent surgery which he tolerated well. While recuperating at a skilled nursing facility he developed a pressure ulcer on his coccyx, which due to reckless neglect, grew into a massive crater, ultimately leading to his death. Names confidential as a condition of settlement.

ELDER ABUSE

War Veteran v. Health Care Providers

$900,000 - Walnut Creek

Plaintiff was a World War II Veteran, a married, proud father of five children who underwent heart bypass surgery, which was a success. Nonetheless, a cascading series of intertwined errors and mistakes, made by his healthcare providers, led to his development of decubitus ulcers on his heels. These ulcers, which became gangrenous, resulted in the amputation of his left leg. Names confidential as a condition of settlement.

MOTOR VEHICLE NEGLIGENCE

Markarian v. Tran

$100,000 - Concord

Client was a pedestrian crossing at an intersection, but outside the marked crosswalk, when she was struck by a car that was speeding through the same intersection. Despite an adverse finding by the police, Ms. Heinrich and Mr. Wimert inspected the scene of the collision and were thereafter able to prove that the driver of the car was 100% at fault. The matter was resolved prior to the commencement of litigation and involved recoveries against both the at-fault driver and under client’s underinsured motorist coverage.

MOTOR VEHICLE NEGLIGENCE

White v. Pritchard

$100,000 - Oakland

Client was a pedestrian crossing in a marked crosswalk when he was struck by a truck who failed to yield, suffering a concussion and soft tissue injuries. The matter was resolved prior to the commencement of litigation.

MOTORCYCLE CRASH CAUSED BY NEGLIGENCE DRIVER

Melara v. Tran

$100,000 - Walnut Creek

Client was a motorcyclist who was cut off and struck by a car merging onto the freeway. Thrown to the ground, client suffered a concussion and soft tissue injuries. The matter was resolved prior to the commencement of litigation.

MOTOR VEHICLE NEGLIGENCE

Pedestrian v. Truck Driver

$250,000 - San Francisco

Client was a pedestrian crossing in a downtown San Francisco crosswalk who suffered a degloving injury when a truck driver drove over her foot. The matter was resolved prior to the commencement of litigation and involved recoveries against both the at-fault driver and under client’s underinsured motorist coverage.

DOG BITE

Retiree v. Homeowner

$150,000 - Daly City

Client was a retired grandmother who was picking her grandson up from daycare when a dog escaped from homeowner’s garage and bit her on the leg. Client spent time in the hospital after the wound became infected, and required plastic surgery to revise her scarring. The matter was resolved prior to the commencement of litigation.

“DOORING” INCIDENT

Davila v. Somvichian

$175,000 - Oakland

Client was a cyclist who had a serious crash after a man exiting his vehicle opened the door of his car directly into his path. Client suffered ligament damage to his shoulder which required surgery to repair. After being extensively litigated, this matter resolved at mediation a month before trial.

PULBIC ENTITY LIABILITY

Pedestrian v. City and Public Utility

$462,500 - Lafayette

Client was a pedestrian who slipped and fell over construction debris which had been left on a public sidewalk for months, suffering a concussion and soft tissue injuries. The matter was resolved at mediation following two years of litigation.

MOTOR VEHICLE NEGLIGENCE

Cross v. Patterson

$250,000 - Hayward

Client was a pedestrian who was struck in a crosswalk while walking home, suffering serious injuries to her knee and ankle. The matter was resolved prior to the commencement of litigation.

PUBLIC ENTITY LIABILITY

Cannon v. BART

$250,000 - Pittsburg

Ms. Cannon was returning home on her evening commute when she slipped and fell on dangerously rain-slickened tile at the Pittsburg/Baypoint BART Station, suffering serious injuries to her knees and wrists. Over the course of several years of litigation, Heinrich Law established that BART had prior knowledge of the condition which rendered the subject tile dangerous during rain storms. Despite this knowledge, BART had taken no efforts to correct or mitigate the problem. This matter was resolved at a court-ordered settlement conference just weeks before trial.

PUBLIC ENTITY LIABILITY

Robinson v. United States of America

$750,000 - San Leandro

Mr. Robinson suffered severe, life-altering injuries when his motorcycle collided with a vehicle driven by a United States Coast Guard employee. The United States vigorously disputed liability after a lawsuit was filed in federal court. Though Mr. Robinson was amnesic to the events leading up to the collision, Heinrich Law was able to recreate the parties’ movements and establish that the Coast Guard employee more likely than not made an unsafe lane change into the path of Mr. Robinson’s motorcycle. The matter resolved at a court-sponsored settlement conference after nearly four years of active litigation.

PREMISES LIABILITY

Moore v. The Hot Tubs of Berkeley

$450,000 - Berkeley

Mr. Moore suffered a mild traumatic brain injury after slipping and hitting his head on a concrete floor while in the process of exiting a hot tub at a private bathing facility. Suffering from both cognitive and emotional deficits, and sensitivity to light, Mr. Moore was virtually housebound as he treated for his injuries. Though Mr. Moore had signed a waiver upon entering the facility, Heinrich Law was able to establish that the dangerous condition created by the facility’s employees rendered the waiver ineffective.

ASSAULT AND BATTERY

Jane Doe v. National Pharmacy Chain

$85,000 - Sunnyvale

Ms. Doe was seeking to fill a prescription at a national pharmacy chain when an employee of the chain harassed and groped her after she sought his assistance. Heinrich Law discovered the employee’s history of criminal activity in order to establish that the pharmacy chain failed to properly vet its employee prior to allowing him to interact with customers. Ms. Heinrich drew upon her years of experience working for large insurance companies to negotiate a substantial settlement without filing a lawsuit. The pre-litigation resolution saved the client time, money, and the discomfort of having to relive a traumatizing event in her life.

ASSAULT AND BATTERY

John Doe v. Adult Entertainment Club

Six Figure - San Francisco

Mr. Doe visited an Adult Entertainment Club where they served him copious amounts of alcohol. He became intoxicated. Mr. Doe got into an altercation with another patron. A club employee, who lacked the requisite training to deal with an unruly patron, jumped on Mr. Doe, causing him a severe leg injury. Heinrich Law hired a security expert who helped prove the club should be held at least partially responsible for the patron’s injuries, having used excessive force to apprehend him. The case settled shortly before trial for solid six figures. The names of the parties and the exact settlement sum are confidential.

Gallo v. Comcast

$395,000 – San Francisco

Rhonda Gallo suffered injuries to her hip and wrist, both of which required surgery, as a result of tripping over a defective cable box cover owned and controlled by Comcast. The incident occurred on Union Street in San Francisco. The dangerous condition, which caused Ms. Gallo to stumble and fall, was a large 2.5 inch wide long and 1.75 inch deep lateral defect. Heinrich Law retained an engineer to help prove the dangerous nature of the defect. Ms. Gallo’s medical bills totaled $28,000 and her income loss totaled $8,000. Comcast agreed to settle the case for $395,000 shortly after a lawsuit was filed against Comcast and the City and County of San Francisco.

Garces v. Driver

$250,000 – Los Altos

Frank Garces, a highly educated 32 year old man, sustained a head injury as a result of being t-boned at a relatively high rate of speed by a negligent driver who ran a stop sign on Page Mill Road. While Mr. Garces was able to continue working without interruption, he was plagued by headaches, slowed processing speed, cognitive deficits, and difficulties sleeping for more than a year following the incident. The negligent driver’s insurance company, Allstate, agreed to settle the case for their insured’s policy limits of $250,000 after the case was set for trial.

Bicycle Rider v. Driver

$100,000 – Danville

Natasha White, a University of Berkeley graduate and avid bicycle rider, sustained injuries to her leg and shoulder when a vehicle hit her while trying to exit out of a shopping center in Danville. Ms. White was riding her bicycle on the sidewalk and against traffic at the time she was hit. As a result, the police blamed her for the collision. Heinrich Law was able to prove that the City of Danville did not have an ordinance that stated bicycle riders may not ride on the sidewalk; and further proved that the sidewalk was the only safe place for Ms. White to be riding in and around the location of the incident. After two years of legal wrangling over who was to blame for the accident, Heinrich Law was able to settle the case for $100,000.

COUNTY SHERIFF CAUSES MAJOR MOTOR VEHICLE COLLISION

Peoples v. County of Alameda

$3 million - Oakland

A Sheriff made an ill-advised decision to join a police pursuit he should not have been involved in. During the pursuit, the Sheriff drove into an intersection through a red signal light at 35 to 40 mph. Heinrich Law’s client J. Peoples entered the subject intersection on a green light at the same time the Sheriff did. The Sheriff broadsided Mr. Peoples’ vehicle on the driver’s side, causing the vehicle to spin around, strike a pole and then come to rest partially in the yard of a neighboring house. Mr. Peoples sustained a mild traumatic brain injury as a result of the incident. The Sheriff and his employer blamed Mr. Peoples for the accident for two years. One week before the trial was scheduled to begin, the Sheriff and his employer finally admitted fault and agreed to pay Mr. Peoples three million dollars to settle his case.

DOG BITE

Kelli v. Maite

$875,000 – Walnut Creek

Heinrich Law client Kelli was attacked by a rescue dog while visiting the home of an acquaintance. When Kelli entered the home, the dog was confined to a crate. When the acquaintance let the dog out of its crate, it immediately jumped up and bit Kelli in the lip and cheek. Kelli was rushed to the hospital, where she underwent emergency reconstructive surgery. Kelli suffered an avulsion wound to approximately 1/3 of her lower right lip. Several months later, Kelli underwent a second revision surgery including incision of the scar contracture, lower lip reconstruction with tissue rearrangement, and fat grafting from her abdomen to the lip. Following this surgery, she also underwent several sessions of laser therapy. While the procedures helped to restore the shape and appearance of Kelli’s lip, she was left with permanent scarring and loss of volume in her lower lip. Her past medical expenses amounted to $59,948.60. Kelli was working as a real estate agent at the time of the incident. She also lost income as she was unable to work full-time for several months This hurt her ability to earn commissions in line with previous years, leading to lost income of approximately $100,000.00. This matter was resolved by way of a mediated settlement for $875,000. This appears to be the largest reported settlement or verdict for a single dog bite in California.

DOG BITE

Elam v. Wu

$136,000 - Castro Valley

Mr. Elam was participating in door-to-door ministry with the Jehovah Witnesses when he knocked on the door of the Wu residence. As Ms. Wu opened the door, suddenly and without warning her German Shepherd dog leapt through the doorway and bit Mr. Elam on the face. Mr. Elam suffered a deep avulsion laceration to his face and other more minor injuries. Emergency room treatment and follow up care was required. Mr. Elam recovered from his injuries. Special damages including medical bills and wage loss totaled $5,089.10. Ms. Wu’s homeowners insurance carrier, State Farm, agreed to resolve the claim pre-litigation for $135,876.10.

ELECTRICIAN STRUCK BY COMMERCIAL VEHICLE

Almeida v. Greenwaste Recovery, Inc.

$720,000 - Scotts Valley/Santa Cruz

Mr. Almeida was working in his capacity as an electrician on the shoulder of Highway 17 when a garbage truck drifted through a large warning cone pattern and struck him causing him serious orthopedic injuries. Ms. Heinrich and Mr. Wimert were able to resolve the claim prior to the filing of a lawsuit, thereby insulating their client from the rigors of litigation.

SERIOUS INJURIES CAUSED BY NEGLIGENT DRIVER OF BIG RIG

Family v. Big Rig Trucking Company

$1.68 Million - Concord

This matter involved serious personal injuries arising out of a major tanker truck collision. Three minor children were hurt in a collision between a Dodge Ram truck and a multi-ton fuel tanker truck on Highway 4 in Contra Costa County. The tanker truck driver stopped his vehicle on Highway 4 in the middle of the night due to a collision up ahead. When the driver of the tanker truck attempted to re-enter traffic on the highway, he failed to yield to an approaching Dodge Ram truck in which the minor clients were passengers. A high-speed collision occurred, which caused significant injuries. The matter settled one week before trial and after months of contentious clashes regarding fault for the crash and the nature and extent of the clients’ injuries and damages.

COMMERCIAL VEHICLE NEGLIGENCE

Crosswalk Walker v. Truck

$1.1 Million - Oakland

This matter involved personal injuries caused by a pedestrian vs. truck collision. Client was a pedestrian struck by a pickup truck while lawfully crossing the street in downtown Oakland. The driver of the pickup truck, who was in the course and scope of employment at the time of the incident, claimed he was unable to see the client due to the sun being in his eyes. The client broke her arm and hip, both of which required surgical repair. The matter resolved prior to the filing of a lawsuit, largely because of Ms. Heinrich’s insurance defense background, saving the client considerable time and money.

BICYCLE RIDER SEVERELY INJURED BY NEGLIGENT DRIVER OF BOX TRUCK

Bike Rider v. Box Truck

$850,000 - Livermore

A married father of two (2) children, both University students at the time, had his left non-dominant hand crushed when a driver of a box truck negligently made a sudden ill-advised right turn directly into the path of his approaching bicycle, pulling him down onto the ground and running over his hand. The client sustained a severe complex crush injury requiring several surgeries to repair and leaving him with permanent residuals. The matter resolved prior to the filing of a lawsuit, to the delight of the client, who did not want to be entangled in the litigation process.

COMMERCIAL VEHICLE NEGLIGENCE

Huang v. M&M Services, Inc.

$715,000 - San Leandro

This matter arose out of an industrial accident that occurred at the Davis Street Transfer Center. Huang, while preparing to dump a load of recyclables was struck by a massive metal door which had come loose from a debris box being emptied by an adjacent driver. Huang’s injuries included a displaced and comminuted right ankle fracture which required two (2) surgeries and left him with permanent residuals and a mild traumatic brain injury. The matter settled shortly before trial.

PUBLIC ENTITY LIABILITY

Martin v. BART

$500,000 - Pittsburg

Ms. Martin slipped and fell on a slippery, water covered tile floor at the Pittsburg/Bay Point BART station. Unbeknownst to her, but well known to BART, the tile surface presented a veritable ice rink wherein, over the years, numerous BART patrons had been injured. As a result of the incident, Plaintiff suffered a severe fracture of her right ankle, requiring three surgeries.

MOTOR VEHICLE NEGLIGENCE

Prius v. Bentley

$600,000 - Lafayette

Client filed suit for personal injuries arising out of a rear-end motor vehicle collision. Client was a wife and mother injured in a minor rear-end motor vehicle collision with a speed upon impact of approximately 5 mph. Notwithstanding the minor impact between the parties' vehicles, the client immediately began to experience low back pain. The client reported these symptoms to her primary care physician on the day of the incident after which conservative health care was sought. When the client's low back pain failed to subside, a MRI was pursued which revealed a lumbar spine herniated disc. The client eventually underwent a lumbar spine operation. Notably, Ms. Heinrich was able to prove a causal connection between the subject incident and the client’s disc herniation through the retention of a highly regarded radiologist.

MOTOR VEHICLE NEGLIGENCE

Bunting, Rieger v. Lopez, CSAA

$500,000 - San Jose

Clients suffered serious orthopedic injuries in a motor vehicle collision. Ms. Heinrich was able to recover 3rd party policy limits in the amount of $30,000; and then recover 1st party Underinsured Motorist policy limits in the amount of $470,000.

BICYCLE RIDER SEVERELY INJURED BY LINCOLN TOWN CAR

Bicycle Rider v. Lincoln Town Car

$300,000 - San Francisco

Client was a female bicycle rider, biking home from work in San Francisco, when she was struck at a high rate of speed by a red light running Town Car. Client was lawfully crossing the street in a cross walk when the crash occurred. Client sustained a severe concussion, several straining/spraining injuries, and abrasions as a result of the collision.

PUBLIC ENTITY LIABILITY

Bosnoyan v. USPS

$200,000 - Pleasanton

Clients were involved in a car crash caused by United States Postal Service Driver. Mr. and Mrs. Bosnoyan sustained injuries, including a fractured sternum, fractured ribs and soft tissue strains/sprains, when the USPS driver, who was intoxicated, struck the clients’ car in the course of running a red light. The matter resolved pre-litigation pursuant to the United States Federal Tort Claims Act.

MOTOR VEHICLE NEGLIGENCE

Mitchell v. Ram

$75,000 - Sacramento

The plaintiff, a 34-year-old married father of two minor children, while driving a pickup truck, was broadsided by a four door sedan when it failed to stop at a posted stop sign. Defendant, the driver of the four door sedan, was allegedly suffering from a migraine headache at the time of the collision. Plaintiff sustained a torn meniscus in his right knee which required arthroscopic surgery to repair. Plaintiff's medical bills totaled $12,000. Plaintiff did not have any wage loss. This matter proceeded to a binding "high/low" arbitration before the Hon. Bonnie Sabraw (Ret.) on October 11, 2012. Judge Sabraw rendered an award in favor of Plaintiff in the amount of $76,688 reduced to $75,000 pursuant to the parties' "high/low" arbitration agreement. Ms. Heinrich arbitrated the case on behalf of the Plaintiff.

MOTOR VEHICLE NEGLIGENCE

Shuck v. Vertner

$70,000 - San Jose

Client was involved in a car crash on a residential street in San Jose caused by a driver backing out of driveway without looking. Mr. Shuck sustained injuries, including chronic cervical spine pain as a result of the collision. The matter resolved at mediation and prior to trial.

MOTOR VEHICLE NEGLIGENCE

Runnells v. Alcala

$45,864 - San Leandro

Alameda County Superior Court, Judge Lawrence Appel. This case arose out of a hit and run motor vehicle collision in a tunnel with disputed liability and damages. Plaintiff sustained a sprained thumb and cervical spine sprain/strain. Medical treatment included examinations, x-rays, and physical therapy. Defendant's last offer before trial was $12,501. Ms. Heinrich tried the case on behalf of Ms. Runnells.

PREMISES LIABILITY

Falcon v. Buckhorn

$1.5 Million - Walnut Creek

Mr. Falcon, while working as a computer field technician, was called to The Buckhorn Restaurant in Walnut Creek to repair a computer. While walking through the kitchen toward the computer, Mr. Falcon slipped on the tile floor, which was covered in an inconspicuous puddle of grease, water, and dish washing liquid spilled from the Buckhorn's large dish washing sinks. Mr. Falcon slipped backward and fell hard on the ground, landing on his head and upper back. Mr. Falcon suffered a severe concussion, debilitating traumatic migraine headaches, and a cervical spine injury caused by slamming his head onto the Buckhorn's kitchen floor. Ms. Heinrich litigated and resolved the case on behalf of Mr. Falcon.

PREMISES LIABILITY

Ballard v. 24 Hour Fitness

$300,000 - Oakland

Plaintiff suffered serious personal injuries when a large plate glass window shattered on him while he was working out at a 24 Hour Fitness club in Oakland. Claims of premises liability, negligence and negligence per se were brought against 24 Hour Fitness and the building’s owner, arguing the plate glass window should have been made of safety tempered glass rather than untempered plate glass. Matter settled shortly before trial after client successfully defeated a Motion for Summary Judgment.

EMPLOYMENT DISCRIMINATION/WRONGFUL TERMINATION

Employees v. Pet Store

$710,000 - Sacramento

Employees brought suit for race and sexual orientation discrimination against a major corporation for discrimination, harassment, and wrongful termination. Derogatory and racial slurs were frequently used in the workplace by managers when referring to the clients. When the clients complained, nothing was done to correct the harassment, rather, the clients were retaliated against and/or wrongfully terminated. The matter was resolved prior to trial.

MOTORCYCLE CRASH CAUSED BY NEGLIGENT DRIVER

Stratton v. Buresh

$160,000 - Berkeley

Client was a motorcycle rider who was struck by a car that ran a stop sign in Berkeley. Client fractured his elbow and sustained other more minor injuries. Ms. Heinrich resolved the matter after the filing of a lawsuit and prior to trial.

BICYCLE CRASH CAUSED BY NEGLIGENT DRIVER

Cyclist v. State Farm Insurance

$250,000 - San Francisco

Client was a cyclist in San Francisco who was clipped by a car and thrown off of her bike in a hit and run incident. She suffered severe injuries to her ankle. While the offending driver was never located, Mr. Wimert was able to recover client’s policy limits under the uninsured driver provision of her policy of auto insurance.

BICYCLE CRASH CAUSED BY NEGLIGENT DRIVER

Cyclist v. A National Rental Car Company

$200,000 - San Francisco

Client was a cyclist in San Francisco who was struck by a business traveler making an unsafe left turn through an intersection. Client suffered a displaced fracture of her collarbone. Adverse driver lived in Singapore. Though the adverse driver had returned overseas following the incident, Mr. Wimert obtained a settlement from the driver under the policy of insurance he had purchased when renting a car during his visit to San Francisco.

MOTOR VEHICLE NEGLIGENCE

Strong v. Pacheco et al.

$983,000 - Berkeley

Mr. Strong suffered a herniated disc following an incident in which his car was struck and run off of the road by a semi-truck on the freeway in Livermore. Following the incident, he was forced to undergo surgery on his lumbar spine and could not return to work. Following a year of litigation, Mr. Strong’s case was settled for the available policy limits.

ELDER ABUSE

John Doe v. Skilled Nursing Facility

$915,000 - Oakland

Plaintiff was an 87-year-old retired professor who underwent surgery which he tolerated well. While recuperating at a skilled nursing facility he developed a pressure ulcer on his coccyx, which due to reckless neglect, grew into a massive crater, ultimately leading to his death. Names confidential as a condition of settlement.

ELDER ABUSE

War Veteran v. Health Care Providers

$900,000 - Walnut Creek

Plaintiff was a World War II Veteran, a married, proud father of five children who underwent heart bypass surgery, which was a success. Nonetheless, a cascading series of intertwined errors and mistakes, made by his healthcare providers, led to his development of decubitus ulcers on his heels. These ulcers, which became gangrenous, resulted in the amputation of his left leg. Names confidential as a condition of settlement.

MOTOR VEHICLE NEGLIGENCE

Markarian v. Tran

$100,000 - Concord

Client was a pedestrian crossing at an intersection, but outside the marked crosswalk, when she was struck by a car that was speeding through the same intersection. Despite an adverse finding by the police, Ms. Heinrich and Mr. Wimert inspected the scene of the collision and were thereafter able to prove that the driver of the car was 100% at fault. The matter was resolved prior to the commencement of litigation and involved recoveries against both the at-fault driver and under client’s underinsured motorist coverage.

MOTOR VEHICLE NEGLIGENCE

White v. Pritchard

$100,000 - Oakland

Client was a pedestrian crossing in a marked crosswalk when he was struck by a truck who failed to yield, suffering a concussion and soft tissue injuries. The matter was resolved prior to the commencement of litigation.

MOTORCYCLE CRASH CAUSED BY NEGLIGENCE DRIVER

Melara v. Tran

$100,000 - Walnut Creek

Client was a motorcyclist who was cut off and struck by a car merging onto the freeway. Thrown to the ground, client suffered a concussion and soft tissue injuries. The matter was resolved prior to the commencement of litigation.

MOTOR VEHICLE NEGLIGENCE

Pedestrian v. Truck Driver

$250,000 - San Francisco

Client was a pedestrian crossing in a downtown San Francisco crosswalk who suffered a degloving injury when a truck driver drove over her foot. The matter was resolved prior to the commencement of litigation and involved recoveries against both the at-fault driver and under client’s underinsured motorist coverage.

DOG BITE

Retiree v. Homeowner

$150,000 - Daly City

Client was a retired grandmother who was picking her grandson up from daycare when a dog escaped from homeowner’s garage and bit her on the leg. Client spent time in the hospital after the wound became infected, and required plastic surgery to revise her scarring. The matter was resolved prior to the commencement of litigation.

“DOORING” INCIDENT

Davila v. Somvichian

$175,000 - Oakland

Client was a cyclist who had a serious crash after a man exiting his vehicle opened the door of his car directly into his path. Client suffered ligament damage to his shoulder which required surgery to repair. After being extensively litigated, this matter resolved at mediation a month before trial.

PULBIC ENTITY LIABILITY

Pedestrian v. City and Public Utility

$462,500 - Lafayette

Client was a pedestrian who slipped and fell over construction debris which had been left on a public sidewalk for months, suffering a concussion and soft tissue injuries. The matter was resolved at mediation following two years of litigation.

MOTOR VEHICLE NEGLIGENCE

Cross v. Patterson

$250,000 - Hayward

Client was a pedestrian who was struck in a crosswalk while walking home, suffering serious injuries to her knee and ankle. The matter was resolved prior to the commencement of litigation.

PUBLIC ENTITY LIABILITY

Cannon v. BART

$250,000 - Pittsburg

Ms. Cannon was returning home on her evening commute when she slipped and fell on dangerously rain-slickened tile at the Pittsburg/Baypoint BART Station, suffering serious injuries to her knees and wrists. Over the course of several years of litigation, Heinrich Law established that BART had prior knowledge of the condition which rendered the subject tile dangerous during rain storms. Despite this knowledge, BART had taken no efforts to correct or mitigate the problem. This matter was resolved at a court-ordered settlement conference just weeks before trial.

PUBLIC ENTITY LIABILITY

Robinson v. United States of America

$750,000 - San Leandro

Mr. Robinson suffered severe, life-altering injuries when his motorcycle collided with a vehicle driven by a United States Coast Guard employee. The United States vigorously disputed liability after a lawsuit was filed in federal court. Though Mr. Robinson was amnesic to the events leading up to the collision, Heinrich Law was able to recreate the parties’ movements and establish that the Coast Guard employee more likely than not made an unsafe lane change into the path of Mr. Robinson’s motorcycle. The matter resolved at a court-sponsored settlement conference after nearly four years of active litigation.

PREMISES LIABILITY

Moore v. The Hot Tubs of Berkeley

$450,000 - Berkeley

Mr. Moore suffered a mild traumatic brain injury after slipping and hitting his head on a concrete floor while in the process of exiting a hot tub at a private bathing facility. Suffering from both cognitive and emotional deficits, and sensitivity to light, Mr. Moore was virtually housebound as he treated for his injuries. Though Mr. Moore had signed a waiver upon entering the facility, Heinrich Law was able to establish that the dangerous condition created by the facility’s employees rendered the waiver ineffective.

ASSAULT AND BATTERY

Jane Doe v. National Pharmacy Chain

$85,000 - Sunnyvale

Ms. Doe was seeking to fill a prescription at a national pharmacy chain when an employee of the chain harassed and groped her after she sought his assistance. Heinrich Law discovered the employee’s history of criminal activity in order to establish that the pharmacy chain failed to properly vet its employee prior to allowing him to interact with customers. Ms. Heinrich drew upon her years of experience working for large insurance companies to negotiate a substantial settlement without filing a lawsuit. The pre-litigation resolution saved the client time, money, and the discomfort of having to relive a traumatizing event in her life.

ASSAULT AND BATTERY

John Doe v. Adult Entertainment Club

Six Figure - San Francisco

Mr. Doe visited an Adult Entertainment Club where they served him copious amounts of alcohol. He became intoxicated. Mr. Doe got into an altercation with another patron. A club employee, who lacked the requisite training to deal with an unruly patron, jumped on Mr. Doe, causing him a severe leg injury. Heinrich Law hired a security expert who helped prove the club should be held at least partially responsible for the patron’s injuries, having used excessive force to apprehend him. The case settled shortly before trial for solid six figures. The names of the parties and the exact settlement sum are confidential.

Gallo v. Comcast

$395,000 – San Francisco

Rhonda Gallo suffered injuries to her hip and wrist, both of which required surgery, as a result of tripping over a defective cable box cover owned and controlled by Comcast. The incident occurred on Union Street in San Francisco. The dangerous condition, which caused Ms. Gallo to stumble and fall, was a large 2.5 inch wide long and 1.75 inch deep lateral defect. Heinrich Law retained an engineer to help prove the dangerous nature of the defect. Ms. Gallo’s medical bills totaled $28,000 and her income loss totaled $8,000. Comcast agreed to settle the case for $395,000 shortly after a lawsuit was filed against Comcast and the City and County of San Francisco.

Garces v. Driver

$250,000 – Los Altos

Frank Garces, a highly educated 32 year old man, sustained a head injury as a result of being t-boned at a relatively high rate of speed by a negligent driver who ran a stop sign on Page Mill Road. While Mr. Garces was able to continue working without interruption, he was plagued by headaches, slowed processing speed, cognitive deficits, and difficulties sleeping for more than a year following the incident. The negligent driver’s insurance company, Allstate, agreed to settle the case for their insured’s policy limits of $250,000 after the case was set for trial.

Bicycle Rider v. Driver

$100,000 – Danville

Natasha White, a University of Berkeley graduate and avid bicycle rider, sustained injuries to her leg and shoulder when a vehicle hit her while trying to exit out of a shopping center in Danville. Ms. White was riding her bicycle on the sidewalk and against traffic at the time she was hit. As a result, the police blamed her for the collision. Heinrich Law was able to prove that the City of Danville did not have an ordinance that stated bicycle riders may not ride on the sidewalk; and further proved that the sidewalk was the only safe place for Ms. White to be riding in and around the location of the incident. After two years of legal wrangling over who was to blame for the accident, Heinrich Law was able to settle the case for $100,000.